Partly allowed

Omprakash Sheshrao Kalyankar v. the State of Maharashtra and Others

Bombay HC4 Aug 2021WP/5314/2021

Case brief

AI extract

What is this about?

The High Court quashed an order transferring an Assistant Teacher to aided status as a Shikshan Sevak under a phase-wise grant. The Court directed the Education Officer to verify the petitioner's tenure and approve the transfer on 100% grant in aid post, relying on a prior judgment.

What did the court decide?

Impugned order granting Shikshan Sevak status quashed. Education Officer directed to verify tenure and approve transfer on 100% grant in aid post within four months.

Omprakash Sheshrao Kalyankar Vs the State of… — Pension and Retirement Benefits | Bombay HC (2021)

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1 wp 5314.21

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 5314 OF 2021

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Omprakash Sheshrao Kalyankar .. Petitioner

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Versus

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The State of Maharashtra and others .. Respondents

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Shri Vitthal G. Salgare, Advocate for the Petitioner. Mrs. Vaishali N. Jadhav-Patil, A.G.P. for Respondent Nos. 1 to 3. The Respondent Nos. 4 and 5 are served.

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CORAM : S. V. GANGAPURWALA AND R. N. LADDHA, JJ. DATE : 04TH AUGUST, 2021.

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FINAL ORDER :

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. Heard Mr. Salgare, the learned advocate for the petitioner and the learned Assistant Government Pleader for respondents Nos. 1 to 3.

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The petitioner is appointed on unaided post on 16.10.2015. The appointment of the petitioner on unaided post as Assistant Teacher is approved on 09^th July, 2019. The petitioner is transferred to aided post on 22^nd October, 2019. The Education Officer has approved the proposal for transfer of the petitioner from unaided to aided post, but in a phase wise grant in aid manner and as a Shikshan Sevak. The Education Officer has basically relied upon the circular dated 28^th June, 2016 while passing the impugned order.

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2 wp 5314.21

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This Court under its judgment and order dated 04^th July, 2019 in Writ Petition No. 1493 of 2018 with other connected writ petitions has held that some of the clauses of the circular dated 28.06.2016 are erroneous. It has been held by this Court that, if an employee is working as Assistant Teacher for three years or more on unaided post before his transfer on aided post and on 100% grant in aid, then the approval has to be granted on 100% grant in aid post as Assistant Teacher. The petitioner claims to have worked for more than four years on unaided post.

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4. In view of the above, we pass the following order.

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The impugned order to the extent granting approval as Shikshan Sevak is quashed and set aside. The Education Officer shall verify that the petitioner has worked for three years on unaided post as Assistant Teacher and shall also verify that the transfer of the petitioner is on 100% grant in aid post. If the Education Officer is satisfied that the transfer of the petitioner is on 100% grant in aid post and the petitioner has worked for more than three years, then approval shall be granted to the transfer of the petitioner on grant in aid post. The Education Officer shall also consider our judgment dated 04^th July, 2019 in Writ Petition No.1 493 of 2018 with other connected writ petitions. The above said exercise shall be done expeditiously and preferably within a period of four (04) months from today.

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3 wp 5314.21

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In the light of the above, the writ petition is disposed of. No costs.

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[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]

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bsb/Aug.21

Omprakash Sheshrao Kalyankar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Omprakash Sheshrao Kalyankar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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